STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.: CK220161RT
DOCKET NO.: CB220113OR
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On November 21, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on October
18, 1988, by the Rent Administrator, concerning the housing
accommodation known as 387 Ocean Parkway, Apt. #3G, Brooklyn, New
York, wherein the Administrator granted in part the owner's rent
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The record reveals that on February 19, 1988, the owner filed an
application to restore the rent that had been reduced in Docket No.
BB220591S. The rent reduction was for peeling paint and plaster,
cracks, and water stains throughout the entire apartment. The
owner stated in the application that the apartment had been painted
and enclosed a copy of a painting order signed by the tenant and a
bill from the painter.
The application was sent to the tenant on March 29, 1988.
The tenant responded that the painting was done in an unworkmanlike
manner, that the walls and ceilings immediately started to crack,
and that the tenant was required to pay $150 cash to the painter.
A physical inspection of the apartment took place on September 23,
1988. The inspector reported that the entire apartment had been
plastered and painted properly but there was slight peeling paint
and plaster on the living room wall and bedroom ceiling, the
bedroom wall was slightly discolored, and the bathroom ceiling was
Based on this inspection, the Rent Administrator granted the
owner's rent restoration application in part, ordering the legal
regulated rent restored in the amount of 7% per month and advising
the owner to refile for the remaining 3% when the repairs noted by
the inspector are done.
In the petition for administrative review, which was erroneously
assigned two docket numbers, the tenant asserts that the order
should be revoked because the rent reduction order reduced the rent
by 10% because the entire apartment required painting and
plastering and the rent should not be restored at all until the
work is completed in a workmanlike manner.
The petition was sent to the owner on December 14, 1988.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the petition should be denied.
Section 2202.16 authorizes a rent reduction based in a finding of
failure to maintain essential services. The rent reduction is to
be in an amount which the administrator finds to be the reduction
in the rental value of the housing accommodation because of the
In the instant case, the Rent Administrator properly ordered a
partial rent restoration based on the inspection report that
revealed a partial restoration of services. The Administrator
continued a 3% rent reduction which appropriately reflected the
change in rental value of the accommodations because of the
incomplete work that was done. There is no merit to the argument
that all repairs must be completed in a workmanlike manner before
any restoration of a rent controlled rent may be ordered.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that these petitions be and the same hereby are denied and
the Rent Administrator's order be and the same hereby is affirmed.
JOSEPH A. D'AGOSTA